Idk how Florida handles it but several states citations issued by red light cameras and those issued by officers are handled entirely differently for the exact reason you mention. Camera citations are entirely civil, you don't get points against your license. If a cop issues the ticket it does become a misdemeanor moving violation.

there is no state where a moving violation is criminal misdemeanor. some moving violations may be CM but there are myriad of moving violations whose class/degree is not CM. CM is serious class/degree that if you are charged with it you better get yourself an attorney.

That quote is from the judge's decision: he considers that moving violations are quasi-criminal proceedings, and as such, that the protections for criminal prosecution apply, unlike in purely civil cases.

Where is the line drawn for criminal vs civil in nature?

It feels like any civil case brought against an individual by a government is quasi-criminal.

Per the US Supreme Court in Hicks v. Feiock 485 U. S. 624 (1988):

>The substance of particular contempt proceedings determines whether they are civil or criminal, regardless of the label attached by the court conducting the proceedings.

>See Shillitani v. United States, 384 U. S. 364, 384 U. S. 368 -370 (1966); Penfield Co. v. SEC, 330 U. S. 585, 330 U. S. 590 (1947); Nye v. United States, 313 U. S. 33, 313 U. S. 42 -43 (1941); Lamb v. Cramer, 285 U. S. 217, 285 U. S. 220 -221 (1932); Gompers v. Bucks Stove & Range Co., 221 U. S. 418, 221 U. S. 441 -443 (1911).

>Civil contempt proceedings are primarily coercive; criminal contempt proceedings are punitive. As the Court explained in Gompers:

>The distinction between refusing to do an act commanded -remedied by imprisonment until the party performs the required act; and doing an act forbidden -punished by imprisonment for a definite term, is sound in principle and generally, if not universally, affords a test by which to determine the character of the punishment.

>221 U.S. at 221 U. S. 443. Failure to pay alimony is an example of the type of act cognizable in an action for civil contempt. Id. at 221 U. S. 442.

>Whether a particular contempt proceeding is civil or criminal can be inferred from objective features of the proceeding and the sanction imposed. The most important indication is whether the judgment inures to the benefit of another party to the proceeding. A fine payable to the complaining party and proportioned to the complainant's loss is compensatory and civil. United States v. Mine Workers, 330 U. S. 258, 330 U. S. 304 (1947). Because the compensatory purpose limits the amount of the fine, the contemnor is not exposed to a risk of punitive sanctions that would make criminal safeguards necessary. By contrast, a fixed fine payable to the court is punitive and criminal in character.

Yeah, and most civil cases that have the government acting as or representing the plaintiff against an individual have punitive outcomes - imprisonment for a set time for red flag violations, imprisonment for a set time for failure to pay child support, etc.

this is why going to court pretty much takes care of these tickets. of course, for a lot of people, going to court costs more money than paying the ticket so people pay.

disclaimer: I write software for court houses and am intimately familiar with the proceedings etc. in some jurisdictions these tickets will be outright dismissed and in others you may have to put up a bit of fight :)

"this is why going to court pretty much takes care of these tickets."

But what about things like red flag laws, child support (like the cited case law), etc?

If you get a ticket in the mail, go to Court and contest it if you have time.

This is good suggestion in general even if you get a ticket by Officer because if Officer does not show up in Court (this happens more that you’d think) the ticket will be dismissed